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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --SATURDAY, SEPTEMBER 13, 1783
A memorial from the honble the Minister Plenipotentiary of France, was read, enclosing a commission of Chevalier D'Annemours, consul general of France, in the State of Maryland, the Commonwealth of Virginia and the states of North Carolina, South Carolina and Georgia; Whereupon,
The Committee [Mr. Thomas FitzSimons, Mr. James Madison' and Mr. Elbridge Gerry] to whom was referred the Memorial of the Minister of France respecting the Commission of the Chevalier D'Annemours as Consul Genl. for the States of Virginia N. and S. Carolina and Georgia, Report,
That the Secretary be directed to make out the necessary papers, agreeably to the prayer of the Memorial.1
[Note 1: 1 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress, No. 25, II, folio 255. The memorial is in No. 41, III, folio 274. The indorsement shows that it was read and referred, September 12.]
Ordered, That the commission be registered, and that it be recognised, and an exequatur issued in due form.2
[Note 2: 2 This order was also entered in the manuscript Secret Journal, Foreign Affairs.]
Congress resumed the consideration of the report of the committee on the Virginia cession, and the same being amended, a motion was made by Mr. McHenry [Daniel] Carroll, seconded by Mr. Carroll [James] McHenry, to postpone the further consideration of the report, in order to take up the following:
Whereas by the 6th article of the preliminary articles of peace between his Britannic Majesty, and their Most Christian and Catholic Majesties, signed on the 3d day of November, 1762, and ratified the 10 day of February, 1763, it is stipulated and agreed, that, "the confines between the dominions of Great Britain and France, on the continent of North America, shall be irrevocably fixed by a line drawn along the middle of the river Mississippi, from its source as far as the river Iberville, and from thence by a line drawn along the middle of this river, and of the lakes Maurepas and
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Pontchartrain to the sea"; and to this purpose the Most Christian king cedes in full right and guaranties to his Britannic Majesty the river and port of Mobile, and every thing that he possesses on the left side of the river Mississippi, except the town of New Orleans, and the island on which it is situated, which shall remain to France; provided that the navigation of the river Mississippi shall be equally free to the subjects of Great Britain and France, in its whole breadth and length from its source to the sea, and that part expressly which is between the said island of New Orleans, and the right bank of that river, as well as the passage both in and out of its mouth. And whereas by the nineteenth article of the said treaty, his Catholic Majesty cedes and guaranties in full right to his Britannic Majesty, all that Spain possesses in the continent of North America, to the east or to the southeast of the river Mississippi. And whereas by the articles of treaty between Great Britain and the United States, done at Paris the 30th day of November, 1782, the boundaries of the United States are set forth, described and agreed to be by the 2d article of the said treaty, viz. "From the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of the St. Croix river to the highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwestermost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into lake
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Huron; thence through the middle of the said lake to the water communication between that and lake Superior; thence through lake Superior northward of the isles Royal and Philipeaux, to the long lake; thence through the middle of said long lake and the water communication between it and the lake of the woods, to the said lake of the woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along tile middle of the said river Mississippi, until it shall intersect the northermost part of the 31st degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the flint river; thence straight to the head of St Mary's river; and thence down along the middle of St. Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence: comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean; excepting such islands as now are or heretofore have been within the limits of the said province of Nova Scotia."
And whereas by the 6th and 11th articles of the treaty of alliance, eventual and definitive defensive, between the Most Christian King, and the United States, signed at Paris 6th February, 1778, and ratified by the United States in Congress assembled, the 4 day of May, 1778, the Most Christian King renounces for ever the possession of the islands of
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Bermudas, as well as of any part of the continent of North America, which before the treaty of Paris in 1763, or in virtue of that treaty, were acknowledged to belong to the Crown of Great Britain or to the United States, heretofore called British colonies, or which are at this time, or have lately been under the power of the King and Crown of Great Britain, and guarantees to the United States their possessions and the additions or conquests that their confederation may obtain during the war, from any of the dominions now or heretofore possessed by Great Britain in North America. And whereas the territory ceded and guarantied as aforesaid, comprehends a large extent of country lying without the lines, limits or acknowledged boundaries of any of the United States, over which, or any part of which, no State can or ought to exercise any sovereign, legislative or jurisdictional faculty, the same being acquired under the confederation, and by the joint and united efforts of all. And whereas more than majority several of the states acceded to the confederation under the idea held forth by the State of Maryland, in her instructions to her delegates, entered on the Journals of Congress, May 21,1779, viz. "that a country unsettled at the commencement of this war, claimed by the British Crown, and ceded to it by the treaty of Paris, if wrested from the common enemy, by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress, into free, convenient and independent governments, in such manner, and at such times, as the wisdom of that assembly shall hereafter direct." And whereas the said State of Maryland, especially for herself, provides and declares, in "An Act entered on the Journals of Congress, 12 February, 1781, entitled an act to empower the delegates1 of this State in Congress, to subscribe and ratify the Articles of Confederation," viz. "that by acceding to the said confederation, this State doth not relinquish or
[Note 1: 1 From this point the entries in the Journal are by George Bond.]
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intend to relinquish any right or interest she hath with the other united or confederated states, to the back country; but claims the same as fully as was done by the legislature of this State, in their declaration which stands entered on the Journals of Congress; this State relying on the justice of the several states hereafter, as to the said claim made by this State."
And whereas by the blessing of divine providence, this country ha arrived at the period of its expectations, the full acknowledgment of independence and the free enjoyment of peace, with the addition of a large tract of territory.
And whereas the United States have succeeded to the sovereignty over the western territory, and are thereby vested as one undivided and independent nation, with all and every power and right exercised by the king of Great Britain, over the said territory, or the lands lying and situated without the boundaries of the several states, and within the limits above described; and whereas the western territory ceded by France and Spain to Great Britain, relinquished to the United States by Great Britain, and guarantied to the United States by France as aforesaid, if properly managed, will enable the United States to comply with their promises of land to their officers and soldiers; will relieve their citizens from much of the weight of taxation; will be a means of restoring national credit, and if cast into new states, will tend to increase the general happiness of mankind, by rendering the purchase of land easy, and the possession of liberty permanent; therefore
Resolved, That a committee be appointed to report the territory lying without the boundaries of the several states, and within the limits of the United States, and to report the most eligible part or parcels thereof, for one or more convenient and independent states; and also to report an establishment for a land-office.1
[Note 1: 1 This motion, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 30, folios 583--588. It is undated.]
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On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Daniel] Carroll,
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So the question was lost.
The report as amended, is as follows:
The committee, consisting of Mr. [John] Rutledge, Mr. [Oliver] Ellsworth, Mr. [Gunning] Bedford, Mr. [Nathaniel] Gorham and Mr. [James] Madison, to whom were referred the act of the legislature of Virginia, of the 2d of January, 1781, and the report thereon, report, that they have considered the several matters referred to them, and observe, that the legislature of Virginia, by their act of the 2d of January, 1781, resolved that they would yield to the Congress of the United States, for the benefit of the said states, all right, title and claim which the said Commonwealth hath to the lands northwest of the river Ohio, upon the following conditions, viz.
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of sovereignty, freedom and independence as the other states.[Note 1: 1 Here Charles Thomson resumes the entries in the Journal.]
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been since incorporated into the said regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in such place on the northwest side of the Ohio as the majority of the officers should choose, and to be afterwards divided among the said officers and soldiers, in due proportion according to the laws of Virginia.
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within the ceded territory, inconsistent with the chartered rights, laws and customs of Virginia, should be deemed and declared absolutely void and of no effect, in the same manner as if the said territory had still remained subject to and part of the Commonwealth of Virginia.
Whereupon your committee are of opinion, that the first condition is provided for by the act of Congress of the 10th of October, 1780.
That the second condition is substantially comprehended in the engagement made by Congress in the said act, and
[That in order to comply with the second condition so far as has been heretofore provided for by the act of the 10th of October, 1780, it is agreed] that one commissioner should be appointed by Congress, one by the State of Virginia, and another by those two commissioners, who, or a majority of whom, should be authorised and empowered to adjust and liquidate the account of the necessary and reasonable expences incurred by the said State, for the purpose mentioned in the said condition [which they may judge to be comprised within the true intent and meaning of the said recited act.]
With respect to the third condition, the committee are of opinion, that the settlers therein described should have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties.
Your committee are further of opinion, that the 4th, 5th and 6th conditions being reasonable, should be agreed to by Congress.
With respect to the 7th condition, your committee are of opinion, that it would be improper for Congress to declare
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the purchases and grants therein mentioned, [void, as they ought not to prejudge the claims of individuals or others, but ought to leave them to be determined according to the principles of equity and the Constitution] absolutely void and of no effect; and that the 6th condition, engaging how the lands beyond the Ohio shall be disposed of, is sufficient on this point.
As to the last condition, your committee are of opinion, that Congress cannot agree to guarantee to the Commonwealth of Virginia, the land described in the said condition, without entering into a discussion of the right of the State of Virginia to the said land; and that by the acts of Congress it appears to have been their intention, which the committee cannot but approve, to avoid all discussion of the territorial rights of individual states, and only to require recommend and accept a cession of their claims, whatsoever they might be, to vacant territory. Your Committee conceive this condition of a guarantee, to be either unnecessary or unreasonable; inasmuch as, if the land above-mentioned is really the property of the State of Virginia, it is sufficiently secured by the confederation, and if it is not the property of that State, there is no reason or consideration for such guarantee.
Your committee therefore upon the whole recommend, that if the legislature of Virginia make a cession conformable to this report, Congress should accept such cession.
And that a committee be appointed to repair to the State of Virginia, make the proper representation to its legislature, and endeavor to obtain what may be necessary on the part of the State for carrying the views of Congress into effect,1
[Note 1: 1 A printed copy of this report, which was the one considered, as the indorsement shows, is in the Papers of the Continental Congress, No. 30, folio 563. It was delivered June 6, debated June 20, and agreed to on September 13. The amendments in the printed copy, made in Congress, which are indicated by brackets, are in the writing of Elias Boudinot. A manuscript draft of the report, in the writing of John Rutledge, is on folios 5651--567. It is indorsed as delivered June 6, entered and read and "Monday next assigned." A copy in the writing of Charles Thomson is on folios 589--595.]
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On the question to agree to this report, the yeas and nays being required by Mr. [David] Howell,
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So it was resolved in the affirmative.
On the report of a committee, consisting of Mr. [James] Duane, Mr. [John] Rutledge and Mr. [Jacob] Read, to whom were referred certain papers respecting the mutiny of a part of the continental troops of the Pensylvania line:
That they have duly considered the proceedings of the general Court Martial whereof The Brigadier General John Paterson was president lately hold near the City of Philadelphia in the State of Pensylvania for the trial of persons promoting or concerned in the late mutiny of the said troops stationed at Lancaster in the said State and in the Barracks of the City of Philadelphia and the motion of Mr. Read with the amendment proposed by Mr. Williamson and therefore submit the following report.
That in consideration of the bravery, fidelity and persevering exertions of the American array in general during the long, arduous and glorious war in which they have been engaged; from a sense of
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their fortitude in patiently submitting to innumerable wants and hardships; in consideration of the speedy submission of the troops concerned in the mutiny, their return to their duty, and their penitence for their offences; that they were seduced and stimulated by the arts and practices of the late CaptainCarberry of the Pensylvania line and LieutSullivan of theregiment of light dragoons, who have fled from justice, that the persons convicted by the court appear to have been mere instruments of their more artful leaders; and lastly in consideration that no lives have been lost nor any violent outrage on private property committed during the said mutiny,1
[Note 1: 1 "In consideration of the bravery, fidelity and persevering exertions of the American army and that happily no lives were lost during the late mutiny &c and that the principals have escaped &c That a pardon be granted to--." This passage, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, IV, folio 201. It is undated.
The following, in the writing of Elias Boudinot, is on folio 205:
"And whereas Capt Carberry of and Lt Sullivan of the said prisoners appear not to have been the principals in the said mutiny have fled from justice and no lives having been lost by their means or any violence destruction of private property committed during the said mutiny"]
A pardon to be granted to Christian Nagle and John Morrison late serjeants in the third Pensylvania regiment who have been convicted by sentence of the said general Court Martial and are now under sentence of death;2
and also to gunnerLilly and DrummerHorn of the fourth Pensylvania Artillery and to Thomas Flowers and William Carman soldiers in the third Pensylvania, regiment severally sentenced to received corporal punishment by whipping and submit the following form of a pardon as proper on the occasion to be issued under the seal of the United States.
[Note 2: 2 "That a general pardon be granted to all such persons as have been convicted and sentenced to suffer death or corporel punishment for mutiny or aiding and abetting the same by the late general court martial held at Philadelphia the principals of such mutiny having escaped." This passage, undated, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, IV, folio 203.]
Congress agreed to the following act and resolutions:
The United States in Congress Assembled,
To all to whom these presents shall come, be seen or made known, send greeting:
Whereas at a general court-martial, whereof Brigadier General John Patterson was president, lately held near the city of Philadelphia, in
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the State of Pensylvania, for the trial of persons promoting or concerned in the late mutiny of part of the Pensylvania line of continental troops, stationed at Lancaster, and in the barracks of the city of Philadelphia, in the said State, Christian Nagle and John Morrison, late serjeants in the third Pensylvania regiment, were severally charged with, and convicted of a breach of the third article of the second section of the rules and articles of war, and by award of said court were severally sentenced to suffer death. And whereas also gunner Lilly and drummer Horn, of the fourth or Pensylvania artillery, and Thomas Flowers and William Carman, soldiers in the said third Pensylvania regiment, were severally charged with, and convicted of a breach of the said article and section of the rules and articles of war, and by award of the said court, were severally sentenced to receive corporal punishment. And whereas the said prisoners appear not to have been principals in the said mutiny, and no lives having been lost, nor any destruction of property committed; now know ye, that of special grace and mere motion, and by virtue of the power and authority vested by the Articles of Confederation and perpetual union, the United States in Congress assembled, have thought fit to pardon and remit, and by these presents do grant a full, free and absolute pardon and remission to the said Christian Nagle, John Morrison, gunner Lilly, drummer Horn, Thomas Flowers and William Carman, and each of them, of all judgments or sentences of death, or other corporal punishment, pains or penalties whatsoever given or awarded by the said general court-martial. And we do strictly charge and command, all and singular our officers, civil and military, to surcease from longer molestation or imprisonment of the said Christian Nagle, John Morrison, gunner Lilly, drummer Horn, Thomas Flowers and William Carman; and do further will and require, that they severally from henceforth go free and acquit of their several convictions, judgments and sentences aforesaid.
Done in Congress this 13 day of September, 1783.
Resolved, That the sentences of the court-martial acquitting Captain Christie, Captain Symonds and Lieutenant Huston, be, and they are hereby confirmed.
Resolved, That the thanks of Congress be given to Major General Robert Howe, for the prudence and propriety with
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which he executed the enquiry into the late mutiny of a part of the Pensylvania line of continental troops.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 21, folio 367. The final resolution, also in Jacob Read's writing, is in No. 36, IV, folio 199.]
The Committee [Mr. Richard Peters, Mr. Theodorick Bland, Mr. Samuel Huntington] to whom was referred the letter of Col. Pickering with its enclosures relative to a demand made in behalf of the State of N. York for damages done the lands confiscated by the laws of that State, by the allied Army, report,
That the consideration thereof be postponed until Congress shall determine on making allowances to all sufferers in the like cases during the late war.2
[Note 2: 2 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 19, V, folio 177. According to the indorsement it was read this day. Pickering's letter, dated Newburgh, August 30, 1783, is in No. 165, folio 669. It was read and referred to the committee, September 8. Copies of the appraisements are on folios 673 and 675.
On this day, as the indorsement states, was read the memorial of Lieutenant William Stuart, of Brigadier General Hazen's regiment, dated Princeton, September 11, 1783, praying for relief from suits against him for acts done according to military orders. It was referred to Mr. [Benjamin] Hawkins, Mr. A[rthur] Lee and Mr. [James] Duane. It is in No. 41, IX, folio 223.
Also, a petition of James Elliot, respecting his pay as Assistant Geographer, which was referred to Mr. [Hugh] Williamson, Mr. [Arthur] Lee and Mr. [Richard] Peters. It is in No. 42, II, folio 408. The letter of Simeon DeWitt and the memorial of Thomas Hutchins were referred to the same committee. The memorial of Thomas Hutchins, dated Philadelphia, September 8, is in No. 41, IV, folio 107, and DeWitt's, dated August 5, is in No. 78, VIII, folio 17. See post, October 20.]
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